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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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1  2  3 


12  3 

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's 


SPEECH 

9 


f 


OP  THB 


HON.  AARON  V.  BROWN,  OF  TENNESSEE, 


'.  •  » 


ON  TflE 


CORRESPONDENCE  OF  MR.  WEBSTER 


WITH    THE 


BRITISH    MINISTER 


IN   RELATION 


O    THE    SURRENDER    O^    ALEXANDER    McLEODl 


DELIVERED   IN   THB 


HOUSE  OP^REPRESENTATIVES,  JULY  9  AND  I0,:i84l. 


WASHINGTON: 

PRINTED   BY  BLAIR  AND   BIYES. 

1841. 


•     1« 
t  • 


-  IL.  f 


«        '        » 


SPEECH  OF  MR.  BROWN,  OF  TENNESSEE, 


-  IL.      ■     f 


ON    THE 


Correspondence  of  Mr.  Webster  with  the  British  Minister,  in  relation  to 
the  surrender  of  Alexander  McLeod.  Delivered  in  the  House  of  Rep- 
resentatives, July  9lh  and  lOr/i,  1841. 


•      ft 


The  following  resolution  being  under  consideration  in  the  Commitiee  of 
the  Whole  on  the  slate  of  the  Union  : 

Re^hcd  Thai  the  President  of  the  United  States  be  re.ltiested  to  intoptn  this  Ho'-.se,  if  not 
inetr ;Sle  with  the  ,.t*«c  .erv.ce,  whether  any  officer  of  the  ,™y,  or  ^^''--^iTZ 
of  ,„e  United  State,,  has,  since  the  4th  of  March  las,,  been  '^"'"f^.'^H^^Z^^Z 

given  tounderstand  that  Mr  McLeod  w.U  be  released  or  surr.nderetl ;  .nd,  tl  so,  to  commttn, 
ettte  to  this  Honse  copies  of  the  instructions  to,  and  report  of,  such  olTicer. 

Mr.  A.  V.  BROWN,  of  Tennessee,  addressed  the  Honse  as  follows  : 
Mr  Speaker:  1  offer  no  apology  for  further  discussion  of  this  subject. 
It  has  not  been  discussed  enough  yet.  It  was  not  discussed  enough  ast 
winter,  when  the  British  Government  half  confessed  that  she  had  mvaded 
our  soil,  burnt  our  property,  and  murdered  our  people.  She  ,™  nearly  con- 
fessed  it,  that  when  hor  minister's  letter  was  received,  contnn.tng  he  impu- 
dent avowal  "that  the  de.struct.on  of  tl.e  Caroline  was  the  public  act  of 
nersons  in  her  tMajes.y's  service, obeymg  the  otderso.  their  superior  anthor- 
itie'^ "  this  hall  rung  with  indignation  from  one  side  of  it  to  the  other. 

Th  ,  chairmtin  of  the  Ways  and  Moans,  and  the  present  Postmaster 
General,  both  coming  from  the  regton  of  country  where  this  outrage  was 
perpetrtited,  made  the  most  animt.ed  appeals  to  our  sympathies  and  pat- 

""BuUhe  cold  sntrtreslion  was  made  then.as  how, that  the  negotiation  was 
ye  ndi"a„d';  e  must  beware  bow  we'. aroused  the  sleeping  lion  of 
filrs  power.  Soon  afterwavd,  the  Comt^i.lee  on  Foretgn  Relations  ub- 
™  ltd  a^eport,  rather  spirited  iti'it^; tone,  commenting  with  some  shght  sa- 
ve v  on  B"ih  aggression  andaWfe'fiAn  j  ^«.en  we  were  again  admonished 
oniorle^sand  a^ics,  and  .he'  ease '*iih  which  she  could  reduce  our 
towns  and  cities  to  ashes. 


■ 


These  admonitions  were  effectual.  Debate  subsided  ;  ihe  first  flaslies  of 
our  indignation  died  away  ;  and  we  adjourned,  half  regretting  that  we  had 
dared  to  debate  the  subject  at  all. 

Sir,  Lord  Palmerston  observed  all  and  read  all  that  was  uttered  in  this 
hall ;  and  concluding,  from  the  too  cautious  temper  of  that  debate,  that  Mr, 
Forsyth  would  not  be  sustained  in  the  lofty  stand  he  had  taken,  determined 
at  once  to  make  a  peremplonj  demand  upon  us — to  appeal  to  our  fears  "  of 
the  serious  consequences  of  a  refusal,"  I  hope  in  God  that  no  action  of 
this  House,  on  this  resolution,  will  ever  confirm  his  degrading  estimate  of 
its  disposition  and  determination  to  resist  all  foreign  aggression  at  every 
hazard. 

It  is  time,  high  time,  for  us  to  speak  out  boldly,  and  without  reserve. 
England's  ministry  have  spoken  the  words  of  burning  shame  to  the  insulted 
honor  of  this  country.  One  of  her  members  of  Parliament  bus  even  threat- 
ened to  arm  our  slaves,  and  to  excite  all  the  Indian  tribes  against  us.  And 
shall  an  American  Congress  be  afraid  to  speak — afraid  to  call  cveii  for  ne- 
cessary information — lest,  peradventure,  it  should  embarrass  our  future  ne- 
gotiations? Sir,  I  am  free  to  declare  that  1  desire  to  embarrass  all  such 
negotiations  as  have  been  lately  going  on.  Were  1  the  American  Execu- 
tive, my  Secretary  of  State  should  never  write  another  line  in  the  way  of 
negotiation,  until  England  withdrew  that  degradiiig  threat,  which  is  yet 
hanging  over  my  country,  and  which  Mr.  Webster  has  never  had  the  heart 
to  repel — all  American  as  that  heart  is,  according  to  the  gentleman  from 
Virginia,  [Mr.  Wist:.] 

But,  sir,  can  this  call,  by  any  possibility,  embarrass  future  ncgctialion  ? 
It  cannot,  for  the  resolution  on  its  face  confers  on  the  President  a  boundless 
discretion  in  giving  or  withholding  the  information.  Besides,  a  large  por- 
tion of  the  call  relates  only  to  the  mission  of  two  of  our  own  public  officers 
to  the  State  of  New  York,  with  whose  instructions  England  shonld  never 
have  been  made  acquainted.  But,  instead  of  this,  it  is  highly  probable  that 
the  British  Government  knows  all  about  them,  whilst  our  own  countrymen 
are  profoundly  ignorant  on  the  subject. 

This  mission  was  so  extraordinary — so  unlike  any  thing  that  had  ever 
occurred  under  any  former  Administration,  that  curiosity  alone  might  prompt 
us  to  inquire  why  a  brave  and  gallant  general  of  ou^  armies  had  been  sent 
oflffour  or  five  hundred  miles — not  to  meet  and  battle  (as  he  had  often  and 
gloriously  done)  the  enemies  of  his  country,  but.  strange  to  tell,  to  attend 
to  a  lawsuit  in  court.  Only  think  of  it,  sir ;  an  old  soldier,  covered  with 
his  scars  and  his  honors,  sent  out  to  assist  the  law  officer  of  the  Govern- 
ment to  argue  a  demurrer  to  an  indictment,  or  to  file  a  plea  to  the  jurisdic- 
tion of  a  countv  court. 


/ 


J 


V 


Heavens !  as  the  eloquent  gentleman  from  Ken- 


• 


t 


tiicky  [Mr.  Marshall]  would  say,  '^  what  an  immortfil  petrcfuclion"  of  hu- 
man tbily !  *T       tr    1  i 

But,  sir,  to  be  serious.     Was  General  Scott  despatched  to  New  Vork  for 
any  purpose  connected  with  the  trial  ot  McLeod ?     And,  if  so,  what  qould 
have  been  that  purpose?     Was  it  to  eflect  a  release  by  the  sword,  d  the 
Atlornev  General  should  (ail  to  procure  it  by  die  purse  !    Such  a  purpose 
IS  nicredii.le.     What  then  \      Why,  the  most  probable  conjecuiro  is,  that 
Mr.  We!)ster  had  learned,  from  some  source  or  other,  that  McLeod  was  to 
be  liberated  at  all  events,  and  at  every  hazard,  by  the  British  authorities  m 
Canada  ;  that,  in  the  event  of  a  conviction,  our  soil  was  to  be  asain  in- 
vaded, our  lail  at  Lockport  to  be  pulled  down  or  burnt  like  the  Caroline  • 
and,  H  necessary,  to  shoot  and  .abre  and  murder  our  people,  as  they  had 

done  before  I  if. 

Sir,  1  want  to  know  all  about  this  military  expedition  ;  and,  if  my  coi  - 
jectur.  should  prove  correct,  then  I  want  to  know  why  Mr.  Webster  should 
feel  so  n.uch  svmpathy  (or  this  English  subject,  who  inhumanly  boasted 
thnt  his  sword  was  yet  red  with  the  blood  of  an  American  cit.zen,-why  he 
■should  send  iiim  testimony  and  counsel,  and  render  him  every  "J^'^^^''^^;" 
his  power  to  escape  justice  and  to  elude  the  law.     Surely  Mr.  Webster 
was  under  no  obligation  to  the  British  nation  so  to  volunteer  his  services  m 
behalf  of  one  of  li'er  subjects.     That  would  make  hi.n  more  like  a  British 
consul  than  an  American  Secretary  of  State.     From  that  hour  (if  no  be- 
for.)  when  Mr.  Fox  declared  the  approval  of  the  burning  of  the  Caroline, 
and  the  murder  of  her  crew,  by  his  Government,  Mr.  Webster  should  have 
said-  "Then  cro  and  defend  McLeod  yourself;  employ  his  counsel  with 
your  own  or  your  nation's  money  ;  collect  his  testimony  for  hmi  yourself; 
hence(orth  and  forever  1  leave  him  to  his  fate,  to  answer  to  the  insulted  and 
violated  laws  of  New  York  in  the  best  manner  he  -^Y-"  J'-  "-^J- 
cially  should  he  have  said  and  acted  in  this  manner,  afftr  those  threats 
which  I  suppose  to  have  given  rise  to  General  Scott's  expedition  to  New 

Bui,  s,r,  tl.is  whole  mission  Ims  been  marked,  throngl.out,  not  more  by  the 
most  mo,l,ul  and  misapplied  sympathy,  than  by  the  novehy  and  .ncons.st- 
ency  ot  the  dmies  winch  it  imposed  on  the  Attorney  General.  It  is  the 
duty  of  that  officer  to  vvosecnte,  t,ot  to  defend,  criminals  ;  to  give  counsel 
to  onr  President,  and  to  the  heads  of  departments-not  to  traverse  the  coun- 
try  for  the  release  of  foreign  felons,  who,  at  the  dead  hour  of  m.dn.ght  by 
boats  propelled  by  muflled  oars,  invade  onr  territory,  burn  otu  property, 
and  ZZ  their  llnds  in  better  blood  than  ever  fiowed  ,n  Enghsh  vem. 
.  Such  are  the  duties  of  the  Attoruey  General,  as-  declared  by  the  statute 
of  1789.     What  duties  were  assigned  to  him  in  this  degrading  mission- 


6 

degrading  to  him  who  sent,  and  to  him  who  was  sent?     You   may  iind 
them  in  page  25  of  document  No.  1. 

"The  President  is  impressed  wuh  the  propriety  of  (raiisferring  ihe  trial 
from  the  scene  ol"  liie  principal  excitement  to  some  other  and  uisiant  county. 
You  will  take  cure  that  this  be  suggested  to  the  prisoner's  counsel. 

"Having  consulted  with  the  Governor,  you  will  proceed  to  l.ockport,  or 
wherever  else  the  trial  may  he  holden,  and  furnish  >he  prisoner's  counsel 
with  the  evidence  of  which  yon  will  be  in  possession,  material  to  his  de- 
fence. You  will  see.  that  he  have  skilful  and  eminent  counsel,  i(  such  be 
not  already  retained  ;  arul,  although  you  are  not  desired  to  act  as  counsel 
yourself,  you  rv'dl  cause  It  to  he  signified  to  him,  and  to  ihe  gentleman  who 
may  conduct  his  defence,  (hat  it  is  the  wish  of  this  Government  that,  in 
case  his  defence  is  overruled  by  the  court  in  which  he  shall  i^e  tried,  proper 
steps  be  taken  immediatthj  for  removing  the  cause,  by  writ  of  error,  to  the 
Supreme  Court  of  the  United  JStates.'' 

You  perceive,  sir,  that  he  was  not  to  go  as  ^nddic,  but  as  secret  counsel- 
not  to  plead  for  Mci.cod  himself  but  to  see  that  he  hado/Ao\^,  "skilful  and 
eminent,"'  to  do  so ;  that  he  was  to  furnish  him  with  testimony:  and,  above 
all,  in  case  of  conviction;  that  it  was  the  wish  of  the  Government  that  the 
case  should  be  taken  to  the  Supreme  Court  of  llio  United  States ;  that  the 
prisoner's  counsel  was  to  be  told  that  such  was  the  wisl:  of  the  Government, 

The  defendant,  it  was  supposed,  might  not  feel  sufficient  anxiety  to  save 
his  neck  from  the  halter  by  appealing  to  a  higher  tribunal,  and  must,  there- 
fore,  be  encouraged  to  do  so  by  the  assurance  that  the  Government  ivished 
liim  to  do  so. 

Mr.  Attorney  General  is  to  si^s^mfj  to  him  that  he  hud  better  appeal  than 

die! 

Mr.  Speaker,  1  puse  to  ask  if,  after  this,  you  can  lielieve  that  wonders 
will  ever  cease?  xVt  all  events,  can  you  believe  they  are  likely  to  cease 
during  this  life-preserving,  felon-saving  branch  of  this  Administration?  I 
say  nothing  of  its  head,  who  had  come  in  too  unexpectedly,  and  was  sur- 
rounded by  loo  many  perplexities  at  that  period,  to  be  presumed  to  have 
given  much  attcniion  to  this  subject ;  but  1  speak  emphatically  of  this  branch 
of  the  Administration. 

Mr.  Speaker,  1  wish  now  to  call  your  attention  to  the  remaining  clause 
of  this  resolution,  to  wit:  "whether  the  British  Government  has  been  given 
to  understand  that  McLeod  will  be  released  or  surrendered." 

It  is  probable  that  the  President  can  give  us  but  little  more  than  tiie  in- 
formation contained  in  his  message.  1  shall,  ther-  fore,  under  that  supposi- 
tion, submit  my  views  on  the  merits  of  the  McLeod  case,  and  the  course 
pursued  by  the  Secretary  of  Slate  in  the  correspondence,  as  it  now  stands. 


inu 


To  understand  Uie  merits  of  this  case,  and  to  judge  of  the  propriety  or 
.^propriety  of  the  course  pursued  by  Mr.  Webster  in  ,.,  we  must  have  a 
clear  and  distinct  tinderstaiiding  of  the  facts.  For  these,  I  reler  yo,  to  the 
ieech  of  the  honorable  chairman  of  the  Ways  and  Means  at  the  ast  ses- 
s  on  ,0  the  statement  of  the  ease  made  by  Mr.  Webster  himself;  and  lartly. 
,0  a  condensed  and  nervous  statement  of  them  in  the  other  end  of  the  Cap- 
itol which  has  never  been  denied  or  contradicted  tkcro  or  on  tins  lloor 

:  This  brin«s  mc  to  the  case  before  us.    What  is  it  >.     The  lac.s  of  the 
case  are  ail  spread  out  in  ollicial  documents,  and  the  evidence  is  clear 
a'd  undeniable.     An  American  steam  ferry-boat  traverses  ''-  ^'^g"™ 
river:  she  carries  passengers  and  property  Irom  one  .bore  to  tie  other 
tL  Kmrhsh  believe  (and  perhaps  truly)  that  she  carries  men  and  arms  to 
U     Msu^^ents  in  Canada;  and  without  any  appeal  to  our  Government 
either  Slate  or  Kederal-without  applyhi?  to  us  to  put  our  own  laws  la 
tee  against  ber-an  rm,lish  odicer,  of  h,s  ow"Uead,  without  the  Unow- 
ledae  of  the  IJnlish  (iovernment,  determines  to  do-wlia  ?    iSot  to  ,.-a  cli 
be  suspected  vessel,  arrest  her  in  the  fact,  sei.e  the  gmhy  a.id  spa  o  th. 
uocent ;  but  to  steal  upon  her  ni  the  ni,d..,  board  her  asleep,  and  destror 
'  at  tb    American  shore,  nnd.r  the  Hag  of  her  country.    In  the  evening 
„    the  meditated  outrage  volm.c.rs  are  called  for-fi  y  or  -x'v  J-hing 
darmg  fellows-ready  to  follo^v  t.eir  leaderto  th.  dev,l,-for  tha  wa    tho 
la„„m..,e  used  ;  and  it  proves  the  expedition  to  have  been  a  diabolical  one 
d  vonhy  to  be  led  as  well  as  followed  by  demons.    The  arms  were  sabre, 
and  pistols:  the  season  of  attack,  midnight;  the  means  of  approach,  light 
toat   and  niuHled  oars ;  the  progress  slow,  silent,  and  stealthy,  that  no^str 
5^  us    ouiid  should  alarm  the  sleeping  victims.     The  order  was  UcaU. 
Ll  no  nuar,er.    Thus  prepared  and  l.d,  they  approach  the  boa    n  the 
dead  of  the  nioht-reaeh  her  without  discovery-rush  on  boaid-ily  o  lh» 
b    dis-cnt,  slash,  stab,  and  shoot  all  whom  they  see-ptmue  the  dying, 
and  beside,   those  in  the  boat,  kill  one  man  at  least  upon  the  soil  o  h  s 
c  tmtiT,  im-  from  the  water's  edge.     Victorious  in  an  attack  where  there 
vT  o  esistauce,  the  coiK,uerors  draw  the  vessel  into  the  midst  of  the  cur- 
rent set  her  on  lire,  and  with  all  her  contenls-the  dead,  the  hving,  the 
"  und  d  and  the  d  ing-send  her  in  dames  over  the  fright  u    cataract  oE 
Te  N    '    a.     MeUod,-  the  man  whose  release  is  demanded  from  us,  was 
!  cor  ing  to  his  own  declarations,  made  at  the  time  m  his  own  country 
Celd  sniee  in  ours,  and  according  to  the  sworn  testimony  of  one  of  the 
urvtvors)  an  actor  in  that  piratical  and  cowardly  tragedy.    According  .» 
"own  assertions,  and  the  admissions  of  his  comrades,  he  was  one  of  the 
emo     n  that  cruel  work,  and  actually  killed  one  of  the  UamnedYan- 


8 


> 


l^ees,'  (to  use  his  own  words,)  with  his  own  haiKls."-A/r.  Benton's  speech 
in  Senate  United  States. 

Now,  sir,  on  these  i^icts,  which  it  warms  one's  American  blood  to  recite, 
can  this  band  of  merciless  desperadoes  be  liable  to  punishment  under  the 
laws  of  New  York,  where  their  crimes  were  perpetrated  7  To  my  mind, 
after  the  best  examination  1  have  been  able  to  Rive  to  the  subject,  there  can 
be  but  one  response.  McLcod,  one  of  the  perpetrators,  is  answerable,  unless 
he  can  show  that  it  was  a  pubhc  military  expedition,  set  on  foot  by  the 
proper  authorities  in  Canada,  with  or  without  a  previous  declaration  of  war 
against  this  country,  commanding  the  specific  things  to  be  done  for  which 
he  now  stands  indicted  in  the  Slate  of  New  York.  1  repeat— commanding 
the  specific  things  to  be  done  for  which  h^  is  indicted. 

In  time  of  open  public  war,  such  ant/ioritt/  would  be  presumed.     The 
courts  would  look  to  the  public  ads,  proclaviaiions,  declarations  of  tear, 
and  other  proceedings  of  notoriety;  and  out  of  these  would  tind  immunity 
to  the  individuals  engaged,  whilst  the  Govervmcnt  would  retaliate  on  the 
enemy  by  like  incursions  into  their  territory.     B^t  in  time  of  profound 
•peace,  with  all  subsisting  treaty  stipulations  of  amity  in  full  force,  no  such 
•prcsumptiojis  can  be  resorted  to.    Express,  positive,  and  unecinivocal  com- 
mands from  competent  authority  are  all  that  can  justify  him.     Were  such 
commands  given  ?     The  whole  case  turns  upon  that  fact.     The  case  will 
turn  on  that  fact  in  the  courts  of  New  York.     The  prisoner  must  come 
forward  with  the  orders  of  Sir  Francis  Head,  1  believe  then  Governor  Gen- 
eral of  Canada.     If  not  direct  from  him,  he  must  show  order  from  some 
military  commander  who  issued  them,  and  who  received  his  orders  from 
the  supreme  Colonial  Government.     Further  back  than  that  it  would  not 
"be  necessary,  as  1  conceive,  to  trace  the  orders.     If  such  orders  covered 
and  embraced  the  specific  act  for  which  he  was  indicted,  the  courts  of  New 
York  icill  and  ought  to  discharge  him.  Cut  if  the  orders  were  general,  "to 
break  up  the  establishment  at  Navy  Island,"  that  would  not  do ;  or  if  they 
were  "  to  destroy  any  vessel  conveying  insurgents  to  or  from  the  island," 
that  would  not  do.    If  they  were  "to  take  any  steps,  and  to  do  any  acts, 
-which  might  be  necessary  for  the  defence  of  her  Majesty's  territory,  or  for 
the  protection  of  her  Majesty's  subjects,"  such  orders  would  not  do.  They 
'would  not  justify  an  invasion  of  our  territory,  nor  the  burning  of  a  vessel 
lying  peaceably  moored  to  our  own  shores,  with  no  military  stores,  and 
•with  no  troops  for  transportation.     No  prior  use  of  the  boat  and  no  prior 
conduct  of  her  crew  could  justify  the  attack,  because  not  essential  "  to  the 
<lefence  of  British  territory  nor  of  British  subjects."    It  might  be  an  act  of 
revenge  for  the  past,  but  it  could  not  be  necessary  for  protection  in  future. 


r 


\\ 


0 


1 


r. 


In  any  event,  capture  without  biimuisr,  capture  without  the  murder  of  her 
crew,  would  surely  have  Lecri  all  that  could  have  been  necessary.    Hut,  sir 
when  only  ordered  to  defend  Urilish  territory,  they  come  at  the  dead  hour 
of  midnight  and  invade  American  soil ;  when  only  ordered  to  protect  British 
sabjects,'they  shoot,  and  stab,  and  murder  American  citizens— instead,  at 
most,  of  laUing  and  towinj?  the  vessel  over  to  the  British  side,  and  detaining 
her  until  ti.t  insurgents  were  expelled  from  the  island,  they  tow  her  out  to 
the  middle  of  the  river,  set  lire  to  her,  and  thus  commit  to  the  names  the 
remainmg  portion  of  her  crew,  sending  them  and  the  blazing  wreck  over 
the  mig'  ^y  falls  of  the  Ningara.  Sir,  place  yourself  in  that  dark  and  bloody 
iiighi,on  the  shore  of  that  river,  standing  proudly  as  you  would  do  on 
American  ground.     In  the  stillness  of  that  night,  listen  to  the  landing  of 
hostile  soldiers  on  our  shores,  to  the  attack  on  one  of  our  vessels;  hear  the 
groans  of  our  dying  countrynr^n  :  a  moment  after,  look  at  ihat  blazing 
sheet  of  lire,  slowly  moving  on  to  the  dreadful  cataract,  till  at  last  it  makes 
its  awful  leap  on  the  floods  below. 

Sir,  the  waves  of  Niagara  have  extinguished  the  iires  of  that  vessel— 
they  have  silenced  forever  the  agonizing  shrieks  of  her  remaining  crew; 
but  the  cry  for  vengeance  still  comes  up  from  her  deep  and  agitated  bosom,, 
in  tones  louder  than  the  thunder  of  her  own  mighty  cataract.  I  carry  you 
back  to  that  midnight  sscne— to  the  tramp  of  British  solders;  I  point  you 
to  the  dead  bodies  of  your  countrymen— to  the  blazing  viclim  of  the  falls. 
Contemplating  all  these  things,  in  the  stillness  of  tl.a^.  night,  can  your  heart 
find  one  throb  of  approbation  to  the  cold,  unfeeling  diplomacy— to  the  tame 
and  ready  submission  of  the  American  Secretary  of  Slate  ? 

Submissio!!  to  what .'    1  answer,  1st.  To  the  impudent  menace  or  threat 

of  the  British  Government.     Do  you  ask  me  what  he  should  have  done? 

I  answer,  that  he  should  have  stopped  all  negotiation  at  once-instantly  to 

liave  stopped  it— until  that  menace  was  withdrawn.    1  answer  further,  that 

the  least  he  should  have  done  would  have  been,  the  moment  the  British 

Government  avowed  her  approbation  of  the  act,  he  ought  to  have  retorted 

her  own  language  of  percrnptorij  demand  of  satisfaction,  and  to  have 

flang  back  her  own  menace  of  the  serious  consequences  of  a  lefusal.  This, 

sir,  Ts  the  least  he  should  have  done  on  that  proud  and  insulting  occasion. 

What  else  should  he  have  done?    Answering  at  all,  he  should  have  said  to 

Mr.  Fox:  Your  avowal  of  this  act  by  the  British  Government  is  va^ue, 

prevaricatMff,  and  unsatisf actor  if. 

1  nsk  your  attention,  and  that  of  this  House  and  nation,  to  the  precise 

words  of  that  avowal : 

"  The  grounds  on  which  the  British  Government  make  this  demand  upon, 
the  Government  of  the  United  Slates  are  these :  That  the  transaction  or 


10 

account  of  which  Mr.  McLeod  has  been  arrested,  and  is  to  be  PUt  upon  his 
tnal,  was  a  transaction  of  apubhc  character,  planned  a"d  -eciUed  by  per- 
son.  duly  empowered  by  her  Majesty's  colonial  authorities  o  take  any 
s"ps  and'  to  do  any  acts  which  might  be  necessary  for  the  defence  of  her 
Majesty's  territories,  and  for  the  protection  of  her  Majesty s  subjects;  and 
that,  consequently,  .hose  subjects  of  her  Majesty  who  encrnged  in  tha 
transaction  were  performing  an  act  of  public  duty,  for  which  they  cannot 
be  made  personally  a.d  individually  answerable  to  the  laws  and  tribunals 

of  any  foreign  country."  .    .    ^  ■ 

These  are  the  precise  words  of  llie  British  minister,    it  is  fair  to  presume 
that  they  are  the  precise  words  of  the  orders  o^'  Colonel  McNab  under 
whom  McLeod  was  acting.     Well,  sir,  suppose  these  orders  to  be  before  us 
now,  or  before  the  courts  of  New  York  on  the  trial :  will  sucn  orders  coyer 
the  case  of  McLeod?    Will  they  justify  the  burning  of  the  Caroline,  tlie 
invasion  of  our  territory,  and  the  murder  of  our  people?     Surely  not; 
because  these  acts  did  vol  come  vdlhin  the  scope  of  their  orders  or  author- 
ity    They  were  only  auihorized  or  ordered  to  do  such  acts  as  were  neces- 
snry  for  the  -defence  of  her  territory,  and  the  protection  of  her  Majesty s 
subjects."     The  thincrs  done,  and  for  which  he  stands  indicted,  were  lor 
none  of  these  purposes;  and  they,  therefore,  stand  without  excuse  or  justi- 
fication, because  they  exceeded  their  authority.     When  is  it  that  mdmdu- 
als  by  the  law  of  nations,  are  .-xcmptcd  from  municipal  liability  m  such 
cases '?  It  is  only  when  the  act  done  was  by  the  comrnaud  of  the  sovereign. 
Of  course  that  command  must  precede  the  act,  and  must  clearly  and  satis. 
•  lactorily  cover  it.     Sir,  Vattel,  nor  Grotius,  nor  any  other  writer  on  the 
laws  of  nations,  Miy  where  lays  down  the  doctrine  that  subsequent  approv- 
al without  previous  command,  would  excuse  the  individual  committing 
the  crime.     Such  a  doctrine  would  perish  by  its  own  nbsurd.ty.     U  is  true 
that  a  subsequent  approval  may  aho  involve  the  nation,  and,  in  the  an- 
<.uaoe  of  the  books,  "make  it  a  matter  of />«Wicconcerir'-as  it  was  belore 
that\vowal,  only  one  of  individual  concern.     This,  however,  only  adds 
onotlier  party  to  the  controversy,  without  releasing  the  first.     Hence  it  is 
.aid  by  Vattel,  "ii  the  offended  State  has  in  her  power  the  uidividual  who 
has  done  the  injury,  she  may,  without  scruple,  'nring  him  to  justice,  and 

punish  him."  ,      ^, 

This  case  from  Vattel  is  precisely  the  case  ol  McLeod.  He  was,  to  say 
the  best  for  him,  but  the  servant,  or  agent,  or  soldier  of  the  Canadian  Gov- 
ernment, ordered  and  sent  to  do  one  thing,  to  wit :  to  defend  the  Lritish 
territory,  and  protect  the  British  subjects;  but  exceeding  his  authority-go- 
ing beyond  his  orders-he  invaded  our  territory,  burnt  our  property,  .and 
murdered  our  citizens.    He  fled  back  to  his  own  country ;  and,  if  he  had 


■■ 


m^- 


11 


:» 


f    • 


remained  there,  our  only  recourse  would  have  been  to  demand  him  of  the 
British  Government.     When  demanded,  if  the  British  Government  refused 
to  surrender  him,  she  would  have  made  it  a  "  public  concern,''  and  we 
miffht  have  looked  to  her  lor  satisfoction  for  the  refusal ;— not  for  the  origi- 
nal act  of  her  subject,  but  for  the  rcfnfial :  and  the  measure  of  satisfaction 
for  that  refusal  would  justly  be,  indemnity  for  '.osscs  sustained  by  the  origi- 
nal act.     But  if,  before,  or  pendino^.  or  subsequent  to  such  a  demand,  the 
individual  returns  within  our  jurisdiction,  we  may  hold  him  responsible 
for  his  transgression  of  our  laws,  and  punish  hmi  accordingly.    When  that 
is  done,  the  original  olFenco  is  atoned  for.     No  double  satisfaction  lor  tha^ 
can  be  demanded  ;  but  we  should  be  still  at  liberty  to  proceed  for  the  sub- 
sequent refusal,  according  to  the  circumstances  of  aggravation  attending  it. 
But,  sir,  1  repeat,  t!iat  nothing  short  of  a  previous  order  to  do  the  specific 
act  complained  of,  given  by  competent  authority,  can  save  McL.eod  in  the 
courts  of  New  York.     No  subsequent  approval  of  it  by  the  British  Govern- 
ment can  do  it.     McLeod  will  find  it  so  on  his  trial ;  and  the  American 
Secretary  of  State  should  have  told  the  British  Government  so,  and  should 
liave  demanded  the  production  of  the  original  order,  or  a  copy  of  it,  so  as 
to  see  precisely  its  extent  and  operation.    And  here  is  my  highest  objection 
to  the  conduct  of  our  Secretary  of  State,     lie  never  had  the  fearlessness  to 
say  to  England,  "  Show  ine  your  order  to  this  nian  or  his  leader ;  show  me 
that— its  date,  its  every  word— that  my  Government  may  see  whether  these 
crimes  are  yours  or  his.     If  yours,  the  courts  of  New  York,  m  due  season, 
will  send  him  home  unharmed  and  uninjured,  whilst  1  will   hold  you 
instantly  responsible  for  his  conduct.*' 

Tl.is  is  what  Mr.  Webster,  in  my  liumble  opinion,  should  have  said  and 
done.  What  did  he  say  and  do?  Me  affects  to  see  no  distinction  between 
a  prior  order  and  a  subsequent  approval  of  tho  conduct  of  McLeod.  In 
fact,  he  substitutes  the  latter  for  the  former,  and,  with  indecent  haste,  gives 
the  Ikitish  Government  to  understand  that  the  claim  of  New  York  consti- 
tuted titc.  only  difficulty  in  the  way  of  an  instant  compliance  with  its  de- 
mand. What  more?  Why  he  gives  Mr.  F(*::  a  copy  of  his  instructions  to 
the  Attorney  General,  and  thereby  informs  him  of  the  hasty  and  extraordi- 
nary means  by  which  he  was  endeavoring  to  snatch  McLeod  out  ol  the 
hands  of  New  York,  the  only  remaining  obstacle  to  his  surrender. 

Sir,  Mr.  Fox  saw  at  once  that  his  threat  had  told— the  Britirjh  ministry 
saw  the  same  thin^— the  JJritish  Parliament  saw  it— and  they  arc  all  now 
waiting  in  full  assurance  that  the  heroes  of  Acre  will  have  no  opportunity 
to  increase  their  laurels  on  the  coast  of  America. 

But  sir,  they  may  be  mistaken  after  all.  There  is  but  one  thing  can 
save  him  ou  his  trial.     If  indeed  he  were  absent  from  the  scene  of  these 


12 


outrages-i(  indeed  he  was  no  member  of  that  '^  pubhc  force,"  he  will  and 

oujjht  to  be  acquitted. 

But  the  Supreme  Court  will  require  him,  as  Mr.  Webster  ought  to  have 
done  to  produce  the  order  under  which  the  party  acted.  They  will  look 
closely  to  the  extent  of  that  order;  and  if  that  order  was  exceeded,  he  must 
die  No  subsequent  approval  of  the  British  Government  can  shield  him— 
no  oversight  of  the  American  Secretary  can  set  aside  the  strict  and  impar- 
tial  administration  of  justice.  Die  he  must;  and  all  the  thunder  ot  the 
British  navy  cannot  frighten  the  American  people  from  approving  and  ap- 

plauding  tiie  sentence.      • 

If  such  should  be  the  fate  of  McLcod,  there  remains  but  one  question  to 
be  considered-and  that  is,  one  of  peace  and  of  war.  Will  Great  Britain  leel 
l)Ound  and  pledged  to  declare  war  against  this  country  to  avenge  his  death  l 
Sir,  Eu<rland  would  never  have  thought  of  such  a  things  but  for  the  timid 
policy  and  unwise  admissions  of  the  Secretary  of  State.  As  it  is,  she  may,  and 
probably  will,  venture  to  appeal  to  that  "  ultima  ratio  reguni  ,•"  and,  sir,  m 
the  very  declaration  in  which  she  appeals  to  arms,  she  will  present  the 
correspoiideiice  of  our  own  Secretary  to  vindicate  the  act.  She  will  spread 
i:  befru-e  all  Europe  as  her  justification,  and  will  engrave  it  on  the  very 
banner  under  which  slie  will  march  to  'die  conflict. 

Mr.  Speaker,  it  is  to  avert  the  horrors  of  war  that  this  apparent  seventy 
of  remark  on  the  course  of  the  Secretary  has  been  indulged  m  ;  and,  if  it 
must  como,  wo  wish  to  rescue  the  country  from  the  imputation  of  having 
induced  It.  by  having  too  tamely  surrendered  the  rights  of  our  citizens. 
■  It  is  luu  too  late  yet  for  l\v.  Webster  to  review  the  fatal  admissions  he 
has  made,  and  to  place  this  correspondence  on  more  elevated  and  more  de- 
fensible foundation.  If  no  exhortation  on  this  floor  can  prevail  with  him, 
let  liim  learn  it  from  Lord  Palmerslon  himself  Let  him  learn  it  in  the 
leply  of  that  nobleman  to  Lord  Stanley  in  the  British  Parliament  on  the  9tli 
of  February,  184 L     On  that  occasion  he  stated : 

.  "  With  regard  to  the  ground  taken  by  Mr.  Forsyth,  in  reply  to  Mr.  Fox, 
I  think  it  rUrht  to  state  Uiat  the  American  Government  undoubtedly  might 
have  considered  this  transaction  either  as  a  transaction  to  be  dealt  with  be- 
tween the  two  Governments,  by  demands  for  redress  by  one  to  be  granted 
or  refused  by  the  other,  and  dealt  with  accordingly :  or  it  might  have  been 
considered,  as  the  British  authorities  consider  proceedings  between  Amer- 
ican citizens  on  the  British  side  of  the  border,-«s  matter  to  he  dealt  with 
hy  the  local  authorities. 

«  But  the  American  Government  cho^e  the  former  course,  by  treating  this 
matter  as  one  to  be  decided  between  the  two  Governments ;  and  this  is  the 
ground  on  which  they  are  entitled  to  demand  redress  of  the  British  Gov- 


1 


13 


verv 


ernment  for  the  act  of  its  subjects  ;  and  from  that  ground  they  cannot  be 
2>ermitted  to  recede/' 

Sir,  here  is  an  admission  of  our  original  right  to  seize  and  punish 
■  McLeod,  infinitely  stronger  than  is  any  where  asserted  by  Mr.  Webster  ; — 
an  admission  but  hitle  weakened  by  the  sophistry  which  seeks  to  show 
that  this  original  right  had  been  lost  by  an  appeal  to  the  British  Govern- 
ment for  redress.  That  redress  has  never  been  granted — nay,  it  has  not 
even  been  promised ;  and,  therefore,  upon  every  known  principle  this  Gov- 
ernment stands  remitted  to  iier  original  right  to  punish  McLeod  whenever 
she  can  get  hold  upon  him.  She  has  him  now.  She  recurs  to  that  ad- 
mitted original  right,  notwithstanding  its  surrender  by  Mr.  Webster. 

I  wish  now  to  refer  to  another  speech  of  Lord  Palmcrston,  in  reply  to 
Mr.  Hume,  in  the  same  debate.     He  said  : 

"  Witli  regard  to  Mr.  Forsyth's  letter,  1  beg  leave  to  say  that  the  principle 
stands  thus  :  In  the  case  of  the  American  citizens  engaged  in  invading 
Canada,  the  American  Government  disavows  the  acts  of  those  citizens,  and 
states  that  the  British  authorities  might  deal  with  them  as  they  pleased, 
and  that  they  were  persons  who  were  not  in  any  degree  entitled  to  tlie  pro- 
tection of  the  United  Stales.  But  in  the  other  case  they  treated  the  affair 
of  the  Caroline  as  one  to  be  considered  as  that  of  the  Government,  and  not 
to  be  left  on  the  responsibility  of  individuals.  Until.,  therefore,  the  British 
Government  disowned  those  persons,  as  the  American  Government  dis- 
avowed tneir  citizens  in  the  other  case,  they  would  have  no  right  to  change 
their  ground  on  the  question." 

Now,  sir,  observe  the  posiiion  taken  in  this  last  extract  by  Lord  Palmers- 
ton.     Until  the  British  Government  disown  the  persons  who  made  the 
attack  on  the  Caroline,  they  were  not  to  be  treated  like  the  British  author- 
ities treated  the  Americans  taken  on  the  Canada  side.    And  how  was  that  1 
By  making  them  responsible  to  the  local  authorities.     And  why  not  treat 
them  on  both  sides  alike  ?     Becatise  we  have  not  disowned  our  people,  say 
they,  as  you  have  done  yours.     But  if  you  have  not  disowned  them,  have 
you  ever  ovmed  them,  or  acknowledged  their  acts  to  be  yours  ?    No,  never. 
For  two  years  we  demanded  of  the  British  Government  to  say  whether 
it  did  or  did  not  disown  these  persons  ;  but  she  'itterly  failed  during  all 
that  time  to  say  whether  she  did  or  not.    In  the  uiean  time,  whilst  she  is 
standing  mute  and  will  not  utter  a  single  word  eithf.r  way.,  McLeod  returns 
to  the  United  States,  impudently  brags  of  his  exploits  in  the  affair,  is  ar- 
rested, and  confined  for  trial.     Up  to  this  time,  we  could  not  get  England 
to  say  a  word  on  the  subject ;  but  now  she  comes  very  suddenly  to  her 
speech.  One  of  her  felon  subjects  is  about  to  get  the  rope  around  Ins  neck, 
and  she  speaks  up  at  once  with  full  volubiUty.    Is  she  entitled  to  her  de- 


I 


14 

«,,nd^  b  she  enti.led  to  take  our  people  on  her  side  of  the  border,  and 
hang  them  up  »' '''^^7  7^"",,^,,^,  yet  reeking  with  the  blood  of  our  fel- 
;r:ur:::;'sS  :!:r-..  l  vapor  tfrongh  o„r  .nd.  wi.h  .uter 

'"'Ifm  VTebster  virtually  says  all  this  may  be  done.  He  virtually  snrren- 
^  k!  ,ilts  and  privileges  of  our  border  citizens,  and  lays  them  exposed 
t'eCrv  m  ^dt  FdiU  that  may  be  set  on  foot  against  them  in 
Inlda  C;  sk  were  this  the  last  pt.b.ic  act  of  my  life,  I  would  protest 
against  his  doctrines,  and  appaal  from  his  decisions. 


rm  ^1 


